Ram Chander v. Kavita

CORAM: HON’BLE MR. JUSTICE S.S. SARON HON’BLE MR. JUSTICE S.P. BANGARH Present: Mr. Naveen Kaushik, Advocate for the appellant. ... S.S. SARON, J. The appeal has been filed against the judgment and decree dated 18.11.2009 passed by the learned District Judge (Family Court), Bhiwani, whereby the petition under Section 6 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as the 1956 Act) filed by the appellant Ram Chander for the custody of minor Rashmi @ Roshni has been dismissed. Alongwith the appeal, CM No.19681-CII of 2012 has been filed, seeking condonation of 936 days' delay in filing the appeal. The appellant Ram Chander is the grandfather of the minor Rashmi @ Roshni whose custody has been sought. Rajender Kumar son of the appellant Ram Chander was married to Smt. Kavita (respondent). Rajender Kumar died about a year earlier to the filing of the petition under Section 6 of the 1956 Act, which was filed on 02.5.2008. At that time, FAO No.4540 of 2012 2 Rashmi @ Roshni was less than 4 years of age. Learned counsel for the applicant-appellant submits that the learned District Judge (Family Court), Bhiwani, has inter-alia observed in paragraph 15 of the judgment that the age of Rashmi @ Roshni is stated to be 3 years. It is further observed that as per the provision of Section 6(a) of the 1956 Act, the custody of the minor, who has not completed the age of 5 years, is to be ordinarily with the mother. It is submitted that now Rashmi @ Roshni is more than 5 years of age. Therefore, he may be allowed to withdraw the present appeal as also the application seeking condonation of delay in filing the appeal so as to enable the applicant-appellant to file a fresh petition, in accordance with law. The appeal and the application seeking condonation of delay in filing the appeal are dismissed as withdrawn. ( S.S. SARON ) JUDGE ( S.P. BANGARH ) JUDGE October 17, 2012